TERMS OF SERVICE
WHERE AS
A) Skip Bin Hire Australia (a trading name of Always You Pty Ltd) is appointed as agent for a number of service suppliers comprising of the panel of service suppliers listed on its website.
B) You (the “Customer”) are desirous of appointing Skip Bin Hire Australia as its common agent to facilitate and arrange for the supply and delivery of a skip bin or skip bins by a Service Supplier to the Specified Site Address.
C) The parties hereto agree to the terms contained hereunder.
1. COMMON AGENCY
1.1 Skip Bin Hire Australia discloses it acts in the capacity as a common agent empowered by service suppliers to make a contract upon the Supplier Terms and Conditions upon the Quoted Terms.
1.2 The Customer hereby authorises Skip Bin Hire Australia as its agent to enter into a contract with a Service Supplier upon the Supplier Terms and Conditions upon the Customer accepting the Quoted Terms.
1.3 By entering into this Agreement, the Customer acknowledges that the Customer when contracted with a Service Supplier appointed by Skip Bin Hire Australia will have a direct contractual relationship with such Service Supplier upon the Supplier Terms and Conditions and the accepted Quoted Terms and accordingly Skip Bin Hire Australia shall not be liable for the performance of such contract by the Service Supplier nor for any act or omission by the Service Supplier.
2. FEES AND CHARGES
2.1 Unless otherwise agreed in writing between the parties, the Customer shall pay the Quoted Fees by credit card, debit card or electronic payment upon or before entering into the Service Supplier Contract to Skip Bin Hire Australia.
2.2 As may be discerned from the Supplier Terms and Conditions, the Customer is authorised and irrevocably directed to discharge payment obligations by paying the price referred to in the Quoted Terms to Skip Bin Hire Australia.
2.3 The Customer acknowledges that Skip Bin Hire Australia for itself and as agent for its panel of Service Suppliers reserves the right to vary and amend the fees and charges disclosed on the website at any time at its absolute discretion or at any time prior to the Quoted Terms being Customer Accepted.
2.4 Notwithstanding clause 2.2, in the case of manifest error where normal charges and fees for the contracted service to the Customer would exceed fifty (50%) more, Skip Bin Hire Australia for itself and as agent for the contracted Service Supplier reserves the right to terminate the contract.
2.5 In the event the Customer is liable for Additional Charges as defined in the Supplier Terms and Conditions, the Customer agrees that it shall arrange immediate payment of the Additional Charges after being issued a tax invoice for the Additional Charges and shall pay the Additional Charges directly to the Supplier.
2.6 Skip Bin Hire Australia is hereby irrevocably authorised by the Customer and is at liberty to charge a debit or credit card provided by the Customer for payment of services to the Service Provider for Additional Charges otherwise referred to in Schedule 1 below.
2.7 In lieu of exercising the power and authority under the preceding sub-clause Skip Bin Hire Australia may at its discretion direct that the Customer pay direct and otherwise deal with the Service Provider on any matter concerning Additional Charges referred to in Schedule 1 below.
3. WARRANTIES BY SKIP BIN HIRE AUSTRALIA
3.1 Skip Bin Hire Australia warrants that it has the requisite authority to enter into an agreement with the Service Supplier upon the Quoted Terms and the terms set out in the Supplier Terms and Conditions.
4. INDEMNITIES BY CUSTOMER
4.1 The Customer shall be responsible for and shall indemnify Skip Bin Hire Australia against liability for all loss, damage or injury to persons or property caused by the Customer in respect to the Customer’s use of the skip bin in any manner whatsoever or the Customer’s employees, sub-contractors or agents, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by Skip Bin Hire Australia.
5. COPYRIGHT
5.1 Skip Bin Hire Australia is licensed to hold or otherwise holds copyright in the Skip Bin Hire Australia website and all agreements and documents issued or published by Skip Bin Hire Australia and accordingly reserves its copyright rights in respect to such materials.
6. CIRCUMVENTION
6.1 The Customer shall not circumvent or approach a Service Supplier directly made known or for which a quotation was received by Skip Bin Hire Australia for services at the Site Address quoted upon.
7. INTERPRETATION
“Customer Acceptance” shall be the communicated acceptance of the Quoted Terms made by the Customer to Skip Bin Hire Australia through the Skip Bin Hire Australia Website.
“Quoted Terms” means the terms quoted on the Skip Bin Hire Australia Website to the Customer after the Customer entered data into the Skip Bin Hire Australia website and sought a quotation.
“Service Supplier” means the service provider providing services of the type sought by the Customer for skip bins and, where the context permits by reason of a contract between the Customer and a Service Supplier, the Service Supplier contracted by the Customer to perform the services in accordance with the Quoted Terms and the Supplier Terms and Conditions.
“Site Address” has the same meaning as in the Supplier Terms and Conditions.
“Supplier Terms and Conditions” means the terms and conditions referred to in Schedule 1 below as amended from time to time or as published on the Website at the time the Quoted Terms are accepted.
“Website” means the website of Skip Bin Hire Australia with web address www.skipbinhireaustralia.com.au
Schedule 1 — SUPPLIER TERMS AND CONDITIONS
FOR THE SUPPLY AND COLLECTION OF A SKIP BIN TO THE CUSTOMER
1. SERVICE
1.1 The Service Provider shall supply and deliver the Specified Skip Bin to the Site Address at the Delivery Date and collect the delivered Skip Bin on the Collection Date.
1.2 The Service Provider shall notify the Customer immediately should unforeseen circumstances arise and the Specified Skip Bin's Delivery and Collection be delayed.
2. FEES AND CHARGES
2.1 The Customer shall pay the Specified Fees to Skip Bin Hire Australia who is the agent of the Service Provider in consideration of the agreed services to be provided by the Service Provider to the Customer and pursuant to the terms of this Agreement.
2.2 The fees and charges shall be inclusive of GST unless otherwise stated for the Specified Fees or Additional Charges.
2.3 The Customer acknowledges that in addition to the Specified Fees it shall pay to the Service Provider the Additional Charges should the Customer incur such charges in accordance with clause 3.
3. ADDITIONAL CHARGES
3.1 The Customer shall pay to the Service Provider or Skip Bin Hire Australia the following Additional Charges:
(a) Additional Weight Charge being a charge for weight of waste materials in the Specified Skip Bin exceeding the prescribed weight for such Specified Skip Bin.
(b) Additional charges to meet tipping fees or special tipping fees and all handling charges including Excess Loading Fees, expenses and costs incurred by the Service Provider including additional costs to deal with Prohibited Materials or types of materials placed in the Bins where the customer has not disclosed the waste type at time of booking or where additional charges are imposed by the tip or waste station where the materials are disposed by the Service Provider.
(c) Restricted Delivery / Collection Fees.
(d) Excess Retrieval Fees where the Skip Bin is not available for collection on the Collection Date.
(e) A Call-Out Fee, in the event the Customer cancels its order on the day of delivery.
(f) The Customer will not be eligible for a refund in the event the Customer cancels its order on the Specified day of delivery.
(g) The Customer shall pay a Cancellation Fee of 20% in the event the Customer cancels its order one (1) day prior to the Specified day of delivery.
4. PAYMENT
4.1 The Customer shall pay the Specified Fees due under this Agreement to Skip Bin Hire Australia as the agent of the Service Provider upon and at the time of submitting and processing the order with Skip Bin Hire Australia.
4.2 The Customer shall pay the Additional Charges to the Service Provider or Skip Bin Hire Australia after being invoiced for such Additional Charges.
4.3 Payment shall be made by the Customer by Credit Card or Debit Card or as otherwise may be directed or expressly agreed to by Skip Bin Hire Australia. The Customer irrevocably and unconditionally authorises Skip Bin Hire Australia to charge their credit card or debit card for the Specified Fees under this Agreement and for any Additional Charges.
4.4 The Service Provider shall send or cause to be sent a Tax Invoice for fees and Additional Charges in accordance with the GST Legislation.
4.5 Payment of the Specified Charges and Additional Charges to Skip Bin Hire Australia shall operate as a good and effective discharge for the relevant fees owing to the Service Provider.
5. CUSTOMER OBLIGATIONS
The Customer acknowledges and agrees: to use the supplied Skip Bin in a reasonable and sensible manner; to bear responsibility and liability for any loss, damage or destruction of the Skip Bin whilst under the Customer's care, custody and control; to render the Skip Bin to the Service Provider on the Collection Date in the same state and condition as when delivered, subject to fair wear and tear; to make the Skip Bin ready and available for collection on the Collection Date; that legal title of the Skip Bin does not pass or vest in the Customer at any time; not to encumber or charge the Skip Bin; that no interest is created or conferred in the delivered Skip Bin; to only use the Skip Bin for depositing Specified Waste Materials; to obtain all necessary approvals and permits required for delivery and collection at or near the Site Address; to assume all liability for the delivered Skip Bin including liability for trespass, nuisance, injury, death, penalties or fines where the Skip Bin is delivered on a footpath, road, lane, public or private property not owned by the Customer; to assume responsibility for all materials deposited in the Skip Bin by any person; and that the Service Provider shall not be liable for the tort of conversion, detinue or trespass to goods for disposal of materials placed in the Skip Bin.
6. RESTRICTIONS ON USE OF SKIP BINS
Whilst the Skip Bin is in the care, custody and control of the Customer, the Customer shall not: place any Prohibited Materials in the Skip Bin; light or allow fires; excessively fill the Skip Bin beyond its top; relocate the Skip Bin from the Site Address without written authorisation; use the Skip Bin for any illegal purpose; or use the Skip Bin for any purpose other than that disclosed and agreed.
7. CANCELLATION OR VARIATION OF ORDER
7.1 The Customer may cancel or vary the order by providing the Service Provider or its agent Skip Bin Hire Australia written notice via email not less than one (1) business day prior to the Delivery Date or Collection Date, whichever is relevant.
7.2 In the event the Customer cancels in accordance with clause 7.1, the Customer shall be entitled to a full refund of any monies already paid for that Skip Bin excluding the Booking Fee.
7.3 In the event the Customer cancels by providing not less than two (2) Business Days' prior written notice before the Delivery Date, the Customer shall be entitled to a partial refund equal to monies already paid minus the 2 Day Cancellation Fee of 20% of booking.
7.4 In the event the Customer cancels by providing not less than one (1) Business Day prior written notice before the Delivery Date, the Customer shall be entitled to a partial refund equal to monies already paid minus the Call-Out Fee, the 1 Day Cancellation Fee of 20% and the Booking Fee.
7.5 Variation of an order shall be at the absolute discretion of the Service Provider and may be subject to additional fees.
7.6 The Customer will not be entitled to a refund where it has failed to provide adequate notice in accordance with this clause 7.
7.7 The Service Provider or its agent Skip Bin Hire Australia may cancel the order at any time on or prior to the scheduled Delivery Date where unable to supply or deliver.
7.8 Where an order is cancelled by the Service Provider, subject to clause 7.10, the Customer will be entitled to a full refund of any monies paid and otherwise shall incur no further liability.
7.9 The Service Provider may cancel without prejudice to its rights where access is restricted, the gradient is dangerous, or there are health and safety risks at the Site Address.
7.10 The Service Provider is authorised to terminate and empty the contents of the Skip Bin at the Site Address at the Customer's sole risk where the Skip Bin contains Prohibited Materials, is overloaded, has protruding materials, or the Specified Fees have not been paid prior to delivery.
8. RISK
8.1 Subject to fair wear and tear, the Customer shall bear full responsibility for all loss, damage or destruction to the Skip Bin whilst in the Customer's care, custody or control.
9. SITE ACCESS AND CONDITIONS
9.1 The Customer shall ensure reasonable access to the Site Address and that the delivery point is freely accessible, and shall obtain all necessary consents for delivery, placement, storage and removal of the Skip Bin.
9.2 The Service Provider and its agent Skip Bin Hire Australia accept no responsibility for damage to the ground, surface, road, path or passage at or near the Site Address; the Customer should ensure conditions including access heights are suitable.
9.3 The Customer shall notify the Service Provider and its agent within 48 hours of any damage caused at or near the Site Address.
9.4 No responsibility is accepted for damage notified after the 48-hour period.
10. ASSIGNABILITY
10.1 This Agreement shall not be assigned by the Customer without the written consent of the Service Provider or Skip Bin Hire Australia.
11. INDEMNITIES BY CUSTOMER
11.1 The Customer shall indemnify the Service Provider against all loss, damage or injury arising from the Customer's breach of these terms or use, custody and control of the Skip Bin (excepting damage caused by the negligence of the Service Provider), including acts of the Customer's employees, sub-contractors, agents and unauthorised third parties.
12. COMPLIANCE WITH THE LAW
12.1 The Customer shall comply at its own cost with all Federal and State laws and the requirements of any authority so far as they apply to the Customer, and shall indemnify the Service Provider and Skip Bin Hire Australia against all actions, costs, charges, claims and demands in respect thereof.
13. IMPLIED STATUTORY TERMS & LIMITATION OF LOSSES
13.1 To the extent permissible by law the operation of any implied statutory term is excluded.
13.2 Where the services are not of a kind ordinarily acquired for personal, domestic or household use, the Service Provider's liability for breach is limited, at the Service Provider's election, to supplying the service again, supplying equivalent services, or paying the cost of having the services supplied again.
14. PROPER LAW OF CONTRACT
14.1 This Agreement shall be construed in accordance with the laws of the State of New South Wales and the parties submit to the jurisdiction of the Courts of that place.
15. SKIP BIN HIRE AUSTRALIA AS A COMMON AGENT
15.1 The parties acknowledge that Skip Bin Hire Australia is a common agent of both the Customer and the Service Provider and that the Service Provider was selected from a panel established by Skip Bin Hire Australia.
15.2 Skip Bin Hire Australia is not a partner of, nor in an employer/employee relationship with, the Service Provider, and any such relationship is disclaimed.
16. FORCE MAJEURE
The Service Provider and Skip Bin Hire Australia shall not be liable for any failure or delay arising from any circumstance beyond the Service Provider's control, including fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, acts of terrorism, acts of God, embargo, changes in law, or delays by government agencies.
17. INTERPRETATION (DEFINITIONS)
“Booking Fee” means a booking fee equal to 20% of the booking value or such other amount as Skip Bin Hire Australia applies generally from time to time.
“Business Day” means a day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales.
“Prohibited Materials” means and includes: any liquids; explosive materials; dangerous, toxic, hazardous or noxious materials including asbestos, acids, solvents, chemicals, paints, oils and medical/biological wastes; radioactive materials; materials referred to as such on the Website; or materials not conforming to the Waste Type.
“Service Provider” means the Service Provider selected from a panel maintained by Skip Bin Hire Australia and contracted under these terms through Skip Bin Hire Australia as common agent between the Customer and the Service Provider.
“Skip Bin Hire Australia” means Always You Pty Ltd (ACN 610 844 383) trading as Skip Bin Hire Australia.
“Website” means the website of Skip Bin Hire Australia with web address www.skipbinhireaustralia.com.au
(Remaining defined terms — Additional Charges, Additional Weight Charges, Call-Out Fee, Cancellation Fees, Collection Date, Delivery Date, Delivery Period, Excess Loading Fees, Excess Retrieval Fees, GST Legislation, Input Tax Credits, Restricted Delivery/Collection Fees, Site Address, Skip Bin, Specified Fees, Specified Skip Bin, Specified Waste Materials, Waste Type — as defined in the original agreement.)